Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 8
NORTHERN SAMAR PROVINCIAL POLICE OFFICE
LOPE DE VEGA MUNICIPAL POLICE STATION
Lope de Vega, Northern Samar

June 1, 2022

The Honorable Provincial Prosecutor

Office of the Provincial Prosecutor
Bulwagan ng Katarungan
Catarman, Northern Samar

Sir/Madam:

Respectfully endorsed to your good Office for appropriate legal action is the case
for Murder penalized under the Revised Penal Code and/or such other offense as the
facts may warrant and as may be found by this Honorable Office against Gerald Pinca
y Marino, 24 yrs old, with live-in partner, farmer and Emar Pinca y Marino, 23 yrs old,
single, farmer; and both residents of Brgy Curry, this Municipality together with the
following documents/exhibits, to wit:

1. NPS Investigation Data _________________________ 1-2

2. Complaint Referral by Law Enforcement Agency ______ 3-4
3. Investigation Report ___________________________ 5-7
4. Blotter Excerpt ______________________________ 8
5. Spot Report _________________________________ 9-10
6. Pictorials ___________________________________ 11-12
7. Affidavit of Ms. Marilyn S Basiloy________________ 13-17
8. Certificate of Detention _______________________ 18
9. Request for Post Mortem Examination ___________ 19
10. Post Mortem Examination Result _____________ 20
11. Death Certificate __________________________ 21
12. Others, that may be presented later ______________ 22

Request acknowledge receipt.

Catarman, Northern Samar, Philippines.

PLT ROLDAN A COLLAMAR

Officer In-Charge

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 Department of Justice
NATIONAL PROSECUTION SERVICE
Office of the Provincial Prosecutor
Bulwagan ng Katarungan
Catarman, Northern Samar

INVESTIGATION DATA FORM

To be accomplished by the Office

DATE RECEIVED: NPS DOCKET NO.:

(stamped and initiated): ______________________________________________

Time Received: ________________________ Assigned to: _____________________

Receiving Staff: ________________________ Date Assigned: ___________________

To be accomplished by complainant/counsel/law enforcer:

(Use back portion if space is not sufficient)

COMPLAINANT/s: Name, Sex, Age & Address RESPONDENT/s: Name, Sex, Age & Address

1. Marilyn Basiloy y Silvestre, 35 1. Gerald Pinca y Marino, 24 yrs old, with live-in
yrs old, common-law wife, farmer partner, farmer and 2. Emar Pinca y Marino, 23
and a resident of Brgy Curry, this yrs old, single, farmer; and both residents of Brgy
Municipality. Curry, this Municipality.

OFFENSE/s COMMITTED/LAW/s VIOLATED: WITNESS/es: Name & Address

Murder penalized under the

Revised Penal Code and/or such 1. Marilyn Basiloy y Silvestre, 35 yrs old,
other offense as the facts may common-law wife, farmer and a resident of Brgy
warrant and as may be found by Curry, this Municipality.
this Honorable Office.

DATE & TIME of COMMISSION: PLACE OF COMMISSION:

At the mountainous part

26 May 2022 at 6:00
of Brgy Curry,
in the evening
Lope de Vega, N. Samar

1. Has a similar complaint been filed before any other Office?* YES ___ NO ____
2. IS this complaint in the nature of a counter charge?* YES ___ NO ____
If yes, indicate details below
3. Is this complaint related to another case before this office?* YES ___ NO ____
If yes, indicate details below
I.S./NPS Docket No.: __________________________________
Handling Prosecutor:__________________________________

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 CERTIFICATION

I CERTIFY, under oath, that all the information on this sheet are true and correct
to the best of my knowledge and belief, that I have not commenced any action or filed
any claim involving the same issues in any court, tribunal or quasi-judicial agency, and
that if I should thereafter learn that a similar action has been filed and/or is pending, I
shall report that fact to this Honorable Office within five (5) days from knowledge
thereof.

PLT ROLDAN A COLLAMAR

Officer In-Charge

SUBSCRIBED AND SWORN TO before me this___ day of June 2022 at

Catarman, Northern Samar, Philippines.

_____________________________
Administering Prosecutor/Officer

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 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 8
NORTHERN SAMAR PROVINCIAL POLICE OFFICE
LOPE DE VEGA MUNICIPAL POLICE STATION
Lope de Vega, Northern Samar

June 1, 2022
The Honorable Provincial Prosecutor
Office of the Provincial Prosecutor
Bulwagan ng Katarungan
Catarman, Northern Samar

Sir/Madam:

Respectfully endorsed to your good Office for appropriate legal action is the case
for Murder penalized under the Revised Penal Code and/or such other offense as the
facts may warrant and as may be found by this Honorable Office against Gerald Pinca
y Marino, 24 yrs old, with live-in partner, farmer and Emar Pinca y Marino, 23 yrs old,
single, farmer; and both residents of Brgy Curry, this Municipality together with the
following documents/exhibits, to wit:

A. RESPONDENT/s:

1. Gerald Pinca y Marino, 24 yrs old, with live-in partner, farmer and;
2. Emar Pinca y Marino, 23 yrs old, single, farmer; and both residents of
Brgy Curry, this Municipality

B. COMPLAINANT / WITNESS:

1. Marilyn Basiloy y Silvestre, 35 yrs old, common-law wife, farmer and a

resident of Brgy Curry, this Municipality.

C. EVIDENCE/EXHIBITS:

1 Investigation Report
2. Blotter Excerpt
3. Spot Report
4. Pictorials
5. Affidavit of Mr. Marlyn S Basiloy
6. Certificate of Detention
7. Request for Post Mortem Examination
8. Post Mortem Examination Result
9. Death Certificate
10. Others, that may be presented later.

FACTS OF THE CASE:

At about 8:00 PM of May 26, 2022, one Hon. Ester Cardose Basiloy, 50 yrs old,
married, Councilor Elect and a resident of Purok 2, Brgy. Poblacion, Lope de Vega,
Northern Samar personally came before this Office and informed that a hacking to
death incident had transpired at Bgry Curry, this Municipality. Thus, upon receipt of
such information, personnel of this Office led by PSMS Noel S Balleta, MESPO
responded and proceeded to verify the veracity of said report and upon arrival thereat
they saw that the victim’s body was already onboard service vehicle (Multicab) of Brgy
Curry. Initial investigation conducted by this Office disclosed that said victim together
with his common-law wife, Marilyn Silvestre Basiloy, 35 yrs old and a resident of Brgy.
Curry, this Municipality; and those aforenamed suspects, to wit: Gerald Pinca y Marino,
24 yrs old, with live-in partner, farmer and Emar Pinca y Marino, 23 yrs old, single,
farmer; and both residents of Brgy Curry, this Municipality were having a drinking
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session in the house of Gerald Pinca. Moreover, according to the victim's wife her
husband was about to return home and as the victim was walking for a distance from
the house of the suspects; suddenly she saw Emar Pinca appeared and carried a
homemade shotgun locally known as “bardog” and long bolo locally known as
“sundang” and; she also saw Gerald Pinca far distance from the pathway armed also
with a long bolo locally known as “sundang”. At that instance, she confronted one Emar
Pinca but the latter did not mind her, thus, suspects continued to follow the victim,
Ceasar Santiago and thereat without any apparent reason nor sufficient provocation,
instantly, suspect's did and there delivered multiple hacking blows towards the victim’s
body that cause his instantaneous death and after which suspects fled away to
unknown direction.

Very truly yours,

PLT ROLDAN A COLLAMAR

Officer In-Charge

SUBSCRIBED AND SWORN to before me this _______ day of June 2022 at

Catarman, Northern Samar, Philippines.

4|Page
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 8
NORTHERN SAMAR PROVINCIAL POLICE OFFICE
LOPE DE VEGA MUNICIPAL POLICE STATION
Lope de Vega, Northern Samar

LDVMPSINV-

MEMORANDUM

FOR : Acting Provincial Director, NSPPO

Camp Carlos Delgado
Catarman, Northern Samar
(Attn: C, NSPIDMU)

FROM : Officer In-Charge

SUBJECT : Investigation Report re Hacking to Death Incident at the hinterland

part of Brgy Curry, Lope de Vega, N. Samar

DATE : May 26, 2022

I. AUTHORITY:

1. Standard Operating Procedure.

II. MATTERS INVESTIGATED:

2. To collect facts and surrounding circumstances behind the reported

hacking to death incident; and

3. To determine the motive of the suspect/s and their participation to the

crime.

III. FACTS OF THE CASE:

4. At about 8:00 PM of May 26, 2022, one Hon. Ester Cardose Basiloy,
50 yrs old, married, Councilor Elect and a resident of Purok 2, Brgy. Poblacion, Lope de
Vega, Northern Samar personally came before this Office and informed that a hacking
to death incident had transpired at Bgry Curry, this Municipality. Thus, upon receipt of
such information, personnel of this Office led by PSMS Noel S Balleta, MESPO
responded and proceeded to verify the veracity of said report; and upon arrival thereat
they saw that the victim’s body was already onboard the service vehicle (Multicab) of
Brgy Curry.

IV. DISCUSSION:

5. Initial investigation conducted by this Office disclosed that said victim

together with his common-law wife, Marilyn Silvestre Basiloy, 35 yrs old and a resident
of Brgy. Curry, this Municipality; and those aforenamed suspects, to wit: Gerald Pinca y
Marino, 24 yrs old, with live-in partner, farmer and Emar Pinca y Marino, 23 yrs old,
single, farmer; and both residents of Brgy Curry, this Municipality were having a drinking
session in the house of Gerald Pinca. Moreover, according to the victim's wife her
husband was about to return home and as the victim was walking for a distance from
the house of the suspects; suddenly she saw Emar Pinca appeared and carried a
homemade shotgun locally known as “bardog” and long bolo locally known as
“sundang” and; she also saw Gerald Pinca far distance from the pathway armed also
with a long bolo locally known as “sundang”. At that instance, she confronted one Emar
5|Page
Pinca but the latter did not mind her, thus, suspects continued to follow the victim,
Ceasar Santiago and thereat without any apparent reason nor sufficient provocation,
instantly, suspect's did and there delivered multiple hacking blows towards the victim’s
body that cause his instantaneous death and after which suspects fled away to
unknown direction.

6. Further, according to the victim’s common-law wife, one Marilyn Basiloy

y Silvestre, 35 yrs old, farmer and a resident of Brgy Curry, this Municipality disclosed
that on May 26, 2022, she was hired to plant rice (Hasok) by one Robin Saludario while
her husband, Ceasar Santiago was in their farmland processing coconut (lukad). Then,
in the afternoon her husband went home, after which, went into the house of Robin
where she was working but she was not already there when her husband arrived rather
she was at the house of Geder, Robin’s neighbor having a drinking session together
with Silvia, Aileen, Edna and Boboy while Robin, Emar (suspect), Gerald (suspect) and
Geder was in the other table also having a drinking spree. Then, Silvia offered a shot of
liquor to the victim whom was accepted and drink by Ceasar, after which, Robin also
offered another shot to Ceasar which was accepted and drink also.

7. Subsequently, Ceasar join the gathering within the group of Robin

wherein Gerald buy another coconut wine (tuba) but Marilyn decline that she will not
drink anymore. Then, Marilyn went to the house of Marifel, wife of Robin and suspects’
mother to ask for “nga-nga/mama” then Marifel asked if we still have coconut wine
(tuba) that have not been drink yet, so she replied that yes! We still have, then she said
“kuhaa ky hingmanon ta”. Hence, Marilyn & Marifel start another drinking session in the
house of Marifel/Robin together with Ceasar, Gerald and Emar, and as the coconut
wine had been consumed, Gerald bought Tanduay to continue their drinking but Marilyn
did not drink anymore. Then after, Ceasar ask from Marilyn the money that she had
been keeping, she averred that “ayaw kay iparalit ta ini bugas” but Ceasar force to get
the money from Marilyn, then Ceasar leave and went home but when the victim, Ceasar
was near distance from the house of Marifel (Robin’s wife), Marilyn saw Emar went to
the house of Gerald and grab a homemade shotgun known as “bardog” and long bolo
known as “sundang” so she confronted Emar, to quot “Emar, ayaw siton gad nga pusil
pag dara kay wara ka man dihan kontra” and she was trying to grab Emar’s bardog but
she was punched on her face by Emar and uttered to her, to quot “ikaw lugod ak
patayon!” then, Emar suddenly ran towards after the victim, Ceasar, while Gerald also
armed with long bolo “sundang” was then waiting at the front of the pathway to avoid the
victim from escaping, and moment later, she saw Emar and Gerald deliberately
delivered hacking blows towards Ceasar, but upon seeing that, Marilyn rushes towards
Emar and hold Emar shoulder and spoke, to quot “Emar, ayaw gad niyo pag tuposa si
Ceasar” but both suspects (Emar & Gerald) did not bother and after which they left
towards their house wherein Marilyn was able to heard from both suspects, to quot “deri
gad kunta mapatay si Ceasar kun wara suntoka si Nanay”.

8. Moreover, the Post Mortem Examination was conducted on May 27,

2022 at about 9:00 in the morning by Dr. Jocelyn C Galvez at So. Geratigan, Brgy
Bayho, this Municipality wherein the cause of death resulted from Hypovolemic Shock
secondary to Multiple hack wound (Neck, Body and Extremeties) resulting from hacking
incident.

V – CONCLUSION:

9. This Office, after careful perusal surrounding the circumstances, facts,

information and statements gathered from the witness/complainant believed/concluded
that the suspects with personal grudge, did and there willfully and confederating to each
other consummated the crime of Murder. The Revised Penal Code provides for the
definition of Murder, to wit:

6|Page
 Art. 248. Who are guilty of Murder- Any person who, not falling within the
provision of Article 246, shall kill another, shall be guilty of Murder and shall be
punished by reclusion perpetua to death. “Emphasis supplied”.

Article 250. Penalty for Frustrated Parricide, Murder; or Homicide. – The

courts, in view of the facts of the case, may impose upon the person guilty of the
frustrated crime of parricide, murder or homicide, defined and penalized in the
preceding articles, a penalty lower by one degree that that which should be
imposed under the provisions of Article 50. The courts, considering the facts of
the case, may like-wise reduce by one degree penalty which under article 51
should be imposed for an attempt to commit any of such crimes. “Emphasis
supplied”.

VI – RECOMMENDATION:

10. Since a positive identification of the suspects had been made through
those witness/es which would warrant for the filing of appropriate charges in court. It is
hereby recommended that a case for Murder under Art. 248 the RPC be referred to the
Provincial Prosecutor’s Office for Regular Filing.

ROLDAN A COLLAMAR
Police Lieutenant

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 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 8
NORTHERN SAMAR PROVINCIAL POLICE OFFICE
LOPE DE VEGA MUNICIPAL POLICE STATION
Lope de Vega, Northern Samar

LDVPSINV-
CERTIFICATION

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that according to the Police Blotter of this Municipal Police
Station the following entries appeared, to wit:

PAGE NO: 0498

BLOTTER ENTRY NO: 2022-05-55
DATE: May 26, 2022
TIME: 2200H
CRIME/INCIDENT: Hacking to Death Incident
REPORTING PERSON: Hon. Ester Cardose Basiloy, 50 yrs old, married, Councilor
Elect and a resident of Purok 2, Brgy. Poblacion, Lope de Vega, Northern Samar.
DTPO: OOA 261800H May 2022 at the mountainous part of Brgy Curry, Lope de Vega,
N. Samar.
VICTIM: Ceasar Santiago y Marino, 48 yrs old, with live-in partner, farmer and a
resident of Brgy. Curry, Lope de Vega, N. Samar
SUSPECT/S: 1. Gerald Pinca y Marino, 24 yrs old, with live-in partner, farmer and
2. Emar Pinca y Marino, 23 yrs old, single, farmer; and both residents
of Brgy Curry, this Municipality.

FACTS OF THE CASE:

At about 8:00 PM of May 26, 2022, said reporting person personally came
before this Office and informed that a hacking to death incident transpired at said place.
Thus, upon receipt of such information, personnel of this Office responded and
proceeded to verify the veracity of said report and upon arrival thereat they saw that the
victim’s body was onboard to the Brgy Multicab of Brgy Curry, this Municipality. Initial
investigation conducted by this Office disclosed that said victim together with his
common-law wife, Marilyn Silvestre Basiloy, 35 yrs old and a resident of Brgy. Curry,
this Municipality, and those aforenames suspects were having a drinking session in the
house of suspects. Moreover, according to the victim's wife her husband was about to
returned home and as the victim was walking for a distance from the house of the
suspects; suddenly she saw Emar Pinca carried a homemade shotgun locally known as
“bardog” and long bolo locally known as “sundang” and she also saw Gerald Pinca far
distance from the pathway armed also with bladed weapon (sundang), that instance she
confronted one Emar Pinca but did not mind her, those suspects continued to follow the
victim, Ceasar Santiago and thereat without any apparent reason nor sufficient
provocation, suspect's did and there delivered multiple hacking blows towards the
victim’s body that cause his instantaneous death and after which suspects fled away to
unknown direction.

Issued this 26th day of May 2022, upon request of herein interested party for all
intents and legal purposes it may serve.

PLT ROLDAN A COLLAMAR

Officer In-Charge

8|Page
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 8
NORTHERN SAMAR PROVINCIAL POLICE OFFICE
LOPE DE VEGA MUNICIPAL POLICE STATION
Lope de Vega, Northern Samar

LDVMPSC-

MEMORANDUM:

FOR : Acting Provincial Director

Northern Samar Police Provincial Office

Camp Carlos Delgado, Catarman Northern Samar

(Attn: C, POMU info C, PIDMU)

FROM : Officer In-Charge

SUBJECT : Spot report re Hacking to Death Incident

DATE : May 26, 2022

9|Page
 1. What : Spot report re Hacking to Death Incident

2. Where : At the mountainous part of Brgy Curry, Lope de Vega, N. Samar.

3. When : 6:00 PM of May 26, 2022

4. Who : Victim: Ceasar Santigo y Marino, 48 yrs old, with live-in partner,
farmer and a resident of Brgy. Curry, Lope de Vega, N. Samar.

Suspects:
1. Gerald Pinca y Marino, 24 yrs old, with live-in partner,
farmer; and
2. Emar Pinca y Marino, 23 yrs old, single, farmer; and both
residents of Brgy Curry, this Municipality.

Responding Unit: Elements of Lope de Vega MPS led by PSMS Noel S

Balleta, MESPO under the direct supervision of PLT ROLDAN A COLLAMAR, OIC.

5. Why : Hacking to Death Incident

6. How : At about 8:00 PM of May 26, 2022, said reporting person
personally came before this Office and informed that a hacking to death incident
transpired at said place. Thus, upon receipt of such information, personnel of this Office
responded and proceeded to verify the veracity of said report and upon arrival thereat
they saw that the victim’s body was onboard to the Brgy Multicab of Brgy Curry, this
Municipality. Initial investigation conducted by this Office disclosed that said victim
together with his common-law wife, Marilyn Silvestre Basiloy, 35 yrs old and a resident
of Brgy. Curry, this Municipality, and those aforenames suspects were having a drinking
session in the house of suspects. Moreover, according to the victim's wife her husband
was about to returned home and as the victim was walking for a distance from the
house of the suspects; suddenly she saw Emar Pinca carried a homemade shotgun
locally known as “bardog” and long bolo locally known as “sundang” and she also saw
Gerald Pinca far distance from the pathway armed also with bladed weapon (sundang),
that instance she confronted one Emar Pinca but did not mind her, those suspects
continued to follow the victim, Ceasar Santiago and thereat without any apparent
reason nor sufficient provocation, suspect's did and there delivered multiple hacking
blows towards the victim’s body that cause his instantaneous death and after which
suspects fled away to unknown direction.IOC- Pat Adam Vincent Arniño-09092341312

7. For information.

ROLDAN A COLLAMAR
Police Lieutenant

10 | P a g e
PICTORIALS

11 | P a g e
 Photo Shown: Ceasar Santiago y Marino (Deceased Victim)
.

PICTORIALS

12 | P a g e
Photo Shown: Post Mortem Examination conducted by Dr. Jocelyn C Galvez, MHO
at So. Geratigan, Brgy. Bayho, Lope de Vega, N. Samar to Ceasar Santiago y Marino.

REPUBLIC OF THE PHILIPPINES)

LOPE DE VEGA ….……………….) S.S.
NORTHERN SAMAR…………… ..)

AFFIDAVIT – COMPLAINANT / WITNESS

I, Marilyn Basiloy y Silvestre, 35 yrs old, common-law wife, farmer and a

resident of Brgy Curry, this Municipality, after having been duly sworn to in accordance
with law, hereby depose and say:

(a.) That this judicial affidavit pertains to the investigation conducted by Pat
Adam Vincent Arniño at Lope de Vega Municipal Police Station, Lope de Vega,
Northern Samar under the supervision of PLT ROLDAN A COLLAMAR, OIC and
PSMS Joey O Portes, Investigator, on the examination of herein affiant relative to the
Hacking to Death Incident (Murder) committed by Gerald Pinca y Marino and Emar
Pinca y Marino on May 26, 2022 at about 6:00 in the afternoon;

(b.) That witness answered the hereunder questions asked of him fully
conscious that he did so and aware that he may face criminal liability for false testimony
or perjury should he be found to be not telling the truth on said questions.
13 | P a g e
(c.) QUESTIONS AND ANSWERS:

Q-1: Do you swear to tell the truth and nothing but the truth only in this
investigation? What mode of language/communication you want to use in this
investigation?
A-1: Yes sir, tagalog o Winaray sir.
(TANONG: Nagsasaad ka ba na magsusumat sa kamatuoran ug kamatuoran
gud la mahiunong sine na pag-iimbestigar? Sa nano na linggwahe im karuyag gamitun
para sine na pag-iimbestigar? (Ito ay upang malayang maipahayag ng testigo ang
kanyang kaalaman ukol sa pangyayari base sa kanyang pag-unawa at alam na
salita/wika).
(SAGOT: Oo, tagalog o Waray-waray sir.)

Q- 2: Please state your name, age and other personal circumstances.

A-2: I am Marilyn Basiloy y Silvestre, 35 yrs old, common-law wife, farmer and a
resident of Brgy Curry, Lope de Vega, N. Samar.
(TANONG: Pwede makialayun igsumat an imo ngaran ug iba pa na mga detalye
na imo pagkakakilal-an?)
(SAGOT: Ako si Marilyn Basiloy y Silvestre, trenta y singko anyos an edad, may
uru-asawa, parag-uma ngan naistar sa Brgy Curry, bungto san Lope de Vega, Norte
san Samar.)

Q-3: Why are you here in our Station?

A-3: To give my statement regarding the hacking to death incident victimizing my
common-law husband, Ceasar Santiago that transpired at the mountainous part of Brgy
Curry, this Municipality.
(TANONG: Pwede makialayun pagsumat saim rasun kay nano kay adi ka sa
amo opisina?)
(SAGOT: Para maghatag saak asoy mahiunong sa pag-tigbas na ikinamatay
saak uru-asawa na nahitabo didto sa Brgy Curry, bungto manta sa Lope de Vega, Norte
san Samar).

Q-4: When and where did this incident happen?

A-4: On May 26, 2022 at about 6:00 in the evening at the mountainous part of
Brgy Curry, Lope de Vega, this Province.
(TANONG: San-o ug diin eton na panhitabo?)
(SAGOT: San Mayo 26, 2022 banda alas 6:00 an oras sa gabi didto sa Brgy
Curry, bungto sa Lope de Vega, Norte san Samar.)

Q-5: Who were the persons responsible in the said hacking to death incident
victimizing your common-law husband, Ceasar Santiago?
A-5: They were Gerald Pinca y Marino, 24 yrs old, with live-in partner, farmer
and Emar Pinca y Marino, 23 yrs old, single, farmer; and both residents of Brgy Curry,
Lope de Vega, N. Samar.
(TANONG: Sira sin-o man an mga responsable sa panigbas na ikinamatay saim
uru-asawa na si Ceasar Santiago?)
(SAGOT: Nakilal-an ko na sira Gerald Pinca y Marino, bente kwatro anyos an
edad, may uro asawa, parag-uma ngan si Emar Pinca y Marino, bente tres anyos an
edad, waray asawa, parag-uma ngan pariho sira naestar sa Brgy Curry, bungto san
Lope de vega, Norte san Samar.)

Q-6. What do you know about the said incident?

A-6. On May 26, 2022 I was hired to plant rice by one Robin Saludario, while my
husband was in our farmland processing coconut (lukad), then after, in the afternoon my

14 | P a g e
husband went home, then he followed me into the house of Robin wherein when he got
there, I was not there rather I was having a drinking session in the house of Geder
neighbor of Robin, together with Silvia, Aileen, Edna and Boboy while Robin, Emar,
Gerald and Geder was having also a drinking session in the other table, then Silvia
offered a shot of liquor to my common-law husband wherein he accepted the offer and
take the shot, then after, Robin also that was sitted in the other table also offered a
glass shot to my husband that he also accepted and take the shot, then after my
husband joined the drinking session in the table of Robin and after Gerald buy another
coconut wine (tuba) but I pledge that I was not going to drink anymore, then I went to
the house of Marifel (Robin wife and mother of the suspect’s) to asked for
nga-nga/muma then Marifel asked if we still have coconut wine (tuba) that have not
been drink yet, so I replied that yes we still have then she said “ kuhaa ky
hingmanonta”, hence, we start again the drinking session in the house of Marifel (Robin
wife) together with my husband and also Gerald and Emar when the coconut wine had
been exhausted, Gerald buy tanduay to continued the drinking session but I did not
joined them.Then after, my husband was asking me to give him the money that I had
been keep but I averred that to quote “ayaw kay iparalit ta ini bugas” but Ceasar force to
get the money from me, then Ceasar leave to went home but when my husband was
near distance from the house of Marifel (Robin’s wife), I saw Emar went to the house of
Gerald and grab a homemade shotgun known as “bardog” and long bolo known as
“sundang” so I confronted Emar, to quot “Emar, ayaw siton gad nga pusil pag dara kay
wara ka man dihan kontra” and I was trying to grab Emar’s bardog but he punched on
my face and uttered to quot “ikaw lugod ak patayon!” then, Emar suddenly ran towards
after my husband, while Gerald also armed with long bolo “sundang” was then waiting
at the front of the pathway to avoid my husband from escaping, and moment later, I
saw Emar and Gerald deliberately delivered hacking blows towards my husband, but
upon seeing that, I rushes towards Emar and hold Emar shoulder and spoke, to quot
“Emar, ayaw gad niyo pag tuposa si Ceasar” but they did not bother and after which
they left towards their house wherein I was able to heard from the suspects, to quot
“deri gad kunta mapatay si Ceasar kun wara suntoka si Nanay”.
(TANONG: Nano man im nahibaruan hiunong siton na panhitabo?)
(SAGOT: San May 26, 2022 guin huma/kuha ak pag hasok(tanom paray) ni
Robin Saludario, samtang akon asawa man nakadto nag lukad sa amon umhanan pag
uli sa akon asawa sa balay nga waray paak mga banda kulop, sumogod siya pakadto
kara Robin pag abot niya kara Robin balay, waray kame ngadto kay nakadto kame nag
iirignom sa balay nira Geder hipid la nira Robin kaatobang ko si Silvia, Aileen, Edna,
ngan Boboy, samtang sira Emar, Gerald, Robin, ngan Geder lain man sira lamisa pag
inom, dayon akon asawa guin tagayan ni Silvia nga dayon man liwat guin karawat ngan
guin inom sa akon asawa an tagay sa iya katima guin tagayan liwat siya ni Robin nga
adto sa kabuka nga lamisa nga iya man liwat guin karawat ngan guin inom. Naki
atobang akon asawa kara Robin lamesa para makig-irignom sa ira, katima nag tangway
pa si Gerald tuba pero sumogad naak nga dire naak mainom katapos tumabok ak sa
balay nira Marifel (asawa ni Robin ngan iroy san mga suspect) para maki muma/nga-
nga ngan nakiana si Marifel kun yaon pa kame salin nga tuba bagaw ko man yaon pa
ngan na sugd si Marifel “ kuhaa ky hingmanonta” katima nag irignom kame utro sa
balay nira Marifel kaopod akon asawa ngan kaharampang ta namon sira Gerald ngan
Emar kaubos sa tuba nag tangway pa utro tanduay si Gerald pero wara naak mag inom
sira nala saak asawa nag inirignom katima an kwarta nga nakadi sa akon guin kukuha
saak sa akon asawa pero guin sugd ko “ayaw kay iparalit ta ini bugas” pero guin kuha la
niya gehapon an kwarta katima gumikan akon asawa para umuli na kunta, pero
samtang nakalarga na akon asawa sa balay nira Marifel (asawa ni Robin) naimod ko
nga pumakadto si Emar sa balay ni Gerald nag kuha pusil (bardog) ngan sundang
katima guin hawakan ko si Emar guin sugd ko “ Emar ayaw siton nga pusil pag dara kay
wara Kaman dihan kontra” guin mala kakuha ko kunta an pusil (bardog) pero wara ko
kakuha guin suntok laak ni Emar tapos guin bagawan laak niya “ikaw logud ak patayon”
katima dumalgan si Emar guin bukod akon asawa samtang si Gerald nakadto na sa
unahan sa sigad nag bantay may dara nga sundang, katima naimod ko nala nga
nakadto si Emar ngan Gerald guin turo tegbas na nira akon asawa guin dalagan ko si
Emar tapos guin kaptan ko iya sugbong guin sugd ko “Emar ayaw gad niyo pag tuposa
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si Ceasar” katima nira pag turo-tigbas nag kalarga sira pa balaik sa ira balay ngan
nabati ko nag bagaw sira “ digad kunta mapatay si Ceasar kun wara suntoka si nanay”

Q-7. What happened next, if there was any?

A-7. when Emar and Gerald left the scene after hacking my husband, I was
calling my husband for thinking that he was still alive but when I just confirmed that he is
lifeless, I went to Barangay directed to Brgy Captain to informed him that my husband
had been killed through hacking, then I also informed him that Gerald and Emar was the
responsible person for killing my husband.
(TANONG: Nano man an sumunod na nahitabo kun may ada pa man?)
(SAGOT: san pag ka larga ni Emar ngan Gerald katima nira pag turo-tegbas saak
asawa guin binan-o ko akon asawa kay gasi ko buhi pa siya pero kaklaro ko nga patay
na gud akon asawa pumakadto ak sa Barangay kan kapitan para mag pasabot nga
pinatay akon asawa pamaagi sin pag turo-tegbas, ngan guin sumat ko nga an nag
patay sira Gerald ngan Emar.

Q-8: By the way, how could you say that Gerald Pinca y Marino, 24 years old,
with live-in partner, farmer and Emar Pinca y Marino, 23 years old, single, farmer and
both residents of Brgy Curry, Lope de Vega, N. Samar were the one responsible in the
said hacking to death incident victimizing your husband that transpired at the
mountainous part of Brgy Curry, this Municipality?
A-8: I know them personally as we have been residing in the same Barangay for
a long period of time already; and also I was the one who personally saw them as the
one responsible in hacking and killing my husband at said place. I also know them
personally because they are nephew’s of my late husband.
(TANONG: Paano mo pala nasabi na sina Gerald Pinca y Marino, bente kwatro
anyos, may asawa, magsasaka at si Emar Pinca y Marino, bente tres anyos, walang
asawa, magsasaka at pariho nakatira sa Brgy Curry, Lope de vega, Northern Samar,
ang mga responsable/salarin sa pananaga sa iyong asawa na nangyari sa
bulubunduking parte ng Brgy Curry, bayan ng Lope de Vega?)
(SAGOT: Kilala ko sira personal kay parehas kami nangingistar sa nasabi nga
lugar sa maiha na panahon ngan sira liwat mismo ak personal na nakit-an na mao an
mga responsable sa pag tigbas ngan pagpatay saak asawa ngan kilala ko gud sira kay
pag hiumangkon pa sira sa akon asawa.

Q-9: As a result of the incident, you are complaining against Gerald Pinca y
Marino, 24 years old, with live-in partner, farmer and Emar Pinca y Marino, 23 years old,
single, farmer and both residents of Brgy Curry, Lope de Vega, N. Samar, what
damages did you incurred?
A-9: I, together with my five (5) siblings incurred financial expenses and
psychological/emotional trauma in relation to the tragic incident that happened to my
husband.
(TANONG: Dahil sa pangyayari, ikaw ay nag-rereklamo laban kina Gerald Pinca
y Marino, bente kwatro anyos, may asawa, magsasaka at si Emar Pinca y Marino,
bente tres anyos, walang asawa, magsasaka at pariho nakatira sa Brgy Curry, Lope de
vega, Northern Samar, ano ang naging pinsala/kinahinatnan sa inyo?)
(SAGOT: Ako, ngan akon lima nga anak nga mag digtoy pa nag-agi sin kabido
ug kalisang san amon mga panhuna-huna ug mapapinansiyal na gastos mahiunong
san makangingirhat na nahitabo sa akon asawa.)

Q-10: In the meantime, I have no more questions to ask from you, do you have
anything to add in your foregoing testimonies?
A-10: None at the moment.
(TANONG: Mayroon ka pa bang idadagdag sa mga testimonya mo?)
(SAGOT: Waray na, sa yana.)
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 Q-11: After narrating these facts, do you confirm and affirm the truthfulness of
these statements?
A-11: Yes, I do.
(TANONG: Matapos mong isalaysay ang mga detalye, masasabi mo ba na
pawang katotohanan ang iyong mg salaysay?)
(SAGOT: Oo.)

Q-11: Below this Judicial Affidavit is your printed name, are you willing to sign
voluntarily this document?
A-11: Yes, sir.
(TANONG: Sa ibaba ng judisyal apidabit na ito nakasulat ang iyong pangalan,
maaaring mo bang permahan ang dokumento bukal sa iyong loob?)
(SAGOT: Oo.)

End of the Statement: May 27, 2022 / 10:30 AM

IN WITNESS WHEREOF, I set my hand this ____day of May 2022 at Lope de

Vega Municipal Police Station, Lope de Vega, N. Samar

Marlyn S Basiloy
Affiant

SUBSCRIBED AND SWORN TO before me on this ____ day of May 2022 at

Catarman, N. Samar.

________________________
Administering Prosecutor/Officer

ATTESTATION CLAUSE

I, PLT WILMER C BASARTE, Filipino, of legal age, married, designated Officer-

In-Charge of Lope de Vega MPS, state under oath:

That I supervised the taking of the Judicial Affidavit of the herein Arresting
Officers, PCpl Lito R Tonog Jr and Pat Joel A Saludario Jr conducted by PSMS Joey
O Portes.

That I supervise PSMS Joey O Portes who faithfully recorded the Question
asked and the corresponding Answer thereto; and

That neither I nor PSMS Joey O Portes nor any other persons present coached
PCpl Lito R Tonog Jr and Pat Joel A Saludario Jr regarding their answers.

IN WITNESS WHEREOF, I hereunto set my signature this 5th day of August 2022
at Lope de Vega, Northern Samar.

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 WILMER C BASARTE
Police Lieutenant

SUBSCRIBED AND SWORN to before me this ____ day of August 2022 at

Catarman, Northern Samar, Philippines.

__________________________
Administering Prosecutor/Officer

Republic of the Philippines

NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE 8
NORTHERN SAMAR PROVINCIAL POLICE OFFICE
LOPE DE VEGA MUNICIPAL POLICE STATION
Lope de Vega, Northern Samar

CERTIFICATE OF DETENTION

TO WHOM IT MAY CONCEN:

THIS IS TO CERTIFY that Gerald Pinca y Marino, 24 yrs old, with live-in partner,
farmer and Emar Pinca y Marino, 23 yrs old, single, farmer; and both residents of Brgy
Curry, Lope de Vega, N. Samar are being complained for Murder and said subject
persons are all at-large.

This Certification is being issued for whatever legal purpose it may serve.

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 Issued this 1st day of June 2022 at Lope de Vega Municipal Police Station, Lope
de Vega, Northern Samar.

PLT ROLDAN A COLLAMAR

Officer In-Charge

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